Prenups 101

Many couples enter into contractual agreements to provide a practical means of distributing property and dealing with financial matters in the event that their marriage leads to divorce.

Such agreements, which may also be triggered upon the death of one spouse, may not feel very romantic, however, they serve an invaluable purpose in that they allow parties to make practical provisions for themselves and their dependents or loved ones.

A prenuptial agreement, also called an antenuptial or premarital agreement, is a contract entered into by prospective spouses, before marriage. Without a prenuptial agreement, Missouri law will dictate how your property is divided upon the dissolution of your marriage. This agreement can also include how premarital debts will be paid, how premarital and marital assets will be divided, and whether or not either spouse will receive maintenance, sometimes referred to as alimony.

Some important factors to ensure your agreement is enforceable:

• you and your partner have access to your own attorneys and be fully informed of your legal rights;

• the time between the presentation of the prenuptial agreement and the date of the wedding;

• the full disclosure of assets and their values; and

• you and your partner should be of relatively equal bargaining positions. Specifically, you are relatively equal in age, sophistication, education, employment, and experience.

Langley Law offers prenup and postnuptial agreement creation. We meet with clients individually to discuss any and all goals of your agreement. We then draft an agreement to ensure it reflects your wishes and send it to the opposing attorney for review with your future spouse, or review an agreement that was proposed by your future spouse with you to ensure that your rights and future are protected. Once completed, Langley Law offers notary services to finance the agreement.